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HomeMy WebLinkAbout050222 February 22, 2005 Hagerstown, Maryland The regular meeting of the Board of County Commissioners of Washington County, Maryland, was called to order at 8:30 a.m. by President Gregory I. Snook with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was delivered by Commissioner Snook followed by the Pledge of Allegiance to the Flag by the full assemblage. OUTSTANDING CONSERVATION FARMER AWARD AND SUSTAINING CONSERVATION FARMER AWARD Elmer Weibley, Executive Director of the Washington County Soil Conservation District (WCSCD), introduced Betty Meyers, Chair of the WCSCD Board, and Jim Schlossnagle, District Conservationist, who were in attendance to present awards to the winners of the Outstanding Conservation Farmer and Sustaining Conservation Farmer. Mr. Schlossnagle provided information on each farm and outlined the accomplishments and conservation measures taken by these individuals to improve their farming operations. Ms. Meyers presented the award for the 2004 Outstanding Conservation Farmer to John and Brett Horst, owners of John A. Horst and Sons Farm. Commissioner Snook also presented them with a certificate of recognition from the Commissioners. Mr. Horst thanked the Soil Conservation District office for their assistance in putting the conservation measures in place. Mr. Schlossnagle then presented the award for the 2004 Sustaining Conservation Farmer to the Myron Martin family. He provided information on the Martins’ farm, Peace Hollow Farm, and the techniques they used to help preserve the land. Commissioner Kercheval presented a certificate of recognition to Mr. Martin and his family congratulating them on winning this award. Mr. Martin introduced his family members and thanked the Commissioners for the certificate. INTRODUCTION OF NEW EMPLOYEES Dee Hawbaker, Human Resources Administrator, introduced new County employees Andrew Hopkins (Emergency Communications) and Keith Kempton (Transportation Department). The Commissioners welcomed the new employees and wished them well in their new positions. APPROVAL OF MINUTES – FEBRUARY 8 & 15, 2005 Motion made by Commissioner Nipps, seconded by Kercheval, to approve the minutes of February 8 and 15, 2005, as amended. Unanimously approved. COMMISSIONERS REPORTS AND COMMENTS Commissioner Wivell informed the Commissioners that the Board of Public Works approved an additional $2.9 million for construction of the Maugansville Elementary School, which brings the total up to $5.4 million for FY 2006. He stated that he attended the Hagerstown Fire Dept awards banquet. Commissioner Wivell expressed his disappointment that the Washington County Delegation decided not to submit the enabling legislation for a bonus density program this year. He stated that a citizen called him regarding the location of a sidewalk in a local subdivision. After discussion, the Commissioners agreed to have the Planning staff review possible options. Commissioner Kercheval reported on the meetings of the Mental Health Advisory Committee, the Public Golf Corporation, and the Local Management Board. He stated that the Planning Commission held a workshop on Monday and discussed affordable housing, school sites, the demolition permitting process, the grading permit process, and the need for continued input from fire companies. The Planning Commission requested a representative on the future task force on affordable housing. Commissioner Kercheval also reported on the Maryland Association of Counties Legislative Committee meeting. Commissioner Munson reported on the Agricultural Education Center meeting. He stated that he presented a certificate to th Mary Thurston at her 100 birthday celebration at the Fahrney Keedy Home. FEBRUARY 22, 2005 PAGE TWO Commissioner Nipps stated that she attended the Hagerstown Fire Department Banquet. She reported on the Airport Advisory Commission meeting and stated that the letter requesting the reinstatement of Essential Air Service (EAS) was endorsed by the Governor and has been forwarded to the Department of Transportation for consideration. Commissioner Nipps informed the Commissioners that Leadership Hagerstown is considering a new structure for its leadership programs. Commissioner Snook reported on the Transportation Advisory Committee meeting. He stated that the Street Acceptance Committee met and accepted 1.8 miles of roadway that met the established criteria into the County system. He thanked the Information Technology Department employees who reacted quickly to reinstate telephone and computer service when a fiber optic cable was cut on Monday. Commissioner Snook congratulated the Human Resources Department staff on initiating the Wellness Expo that was held last week. He also reported on the meeting of the Communications Interoperability Committee. REPORTS FROM COUNTY STAFF Gary Rohrer, Director of Public Works, provided an update on the Smithsburg Branch Library project. Motion made by Commissioner Nipps, seconded by Munson, to fill the following vacancies: Collections Operator Trainee at the Water Quality Department and Office Associate in the Planning Department. Unanimously approved. CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET DISCUSSION The Commissioners continued their review of the projects submitted for the Capital Improvements Program (CIP) for Fiscal Years 2006-2011. Debra Bastian, Finance Director, Terry McGee, Chief Engineer, Mike Thompson, Planning Director, and Gary Rohrer, Public Works Director, attended the workshop. The Commissioners agreed to schedule an additional CIP budget workshop on March 17 at 9 a.m. The Commissioners continued the review of CIP road improvement projects as well as railroad crossings and bridges. They agreed to continue the CIP budget review following citizens’ participation. CITIZENS’ PARTICIPATION Tom Lynch, counsel for Westfields, LLC, asked the Commissioners when he could expect to hear from them regarding their request for a grading permit for phase 3 of the subdivision. Commissioner Snook stated that a final decision had not been made. He indicated that they would probably have an answer for him in the next few weeks. Commissioner Snook indicated that the Commissioners do not want to set a precedent and want to be careful to treat all developers the same. John Kendle, Town Manager for the Town of Boonsboro, informed the Commissioners that he checked with the Health Department regarding removal of the barn, which sits on the land acquired to expand Shaffer Park. He stated that he was informed that they would not be allowed to burn the barn due to the lead paint in the siding. Mr. Kendle asked the Commissioners to waive the landfill fees for the debris at a cost of approximately $15,000. The Commissioners agreed to contact the Health Officer to ask that they reconsider the decision for a burning permit if the siding and roof are removed prior to burning the buildings. FISCAL YEAR 2006-2011 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET PRESENTATION – CONTINUED The Commissioners continued with the CIP review of specific projects in the category of bridge projects. Jim Sterling, Director of Buildings, Grounds, and Parks, reviewed the proposed parks and recreation projects. The Commissioners discussed the options recommended by the Recreation & Parks Board regarding the FY 2006 Program Open Space (POS) projects. Mr. Sterling informed them that the Governor’s budget for POS includes $367,000 for Washington County at this time. FEBRUARY 22, 2005 PAGE THREE LUNCHEON WITH WASHINGTON COUNTY COMMUNITY PARTNERSHIP FOR CHILDREN AND FAMILIES AND GOVERNOR’S OFFICE FOR CHILDREN, YOUTH AND FAMILIES – STATE AUDIT REPORT The Commissioners recessed at 11:50 a.m. to attend a luncheon sponsored by the Washington County Community Partnership and the Governor’s Office for Children, Youth and Families to review the State audit report. AFTERNOON SESSION The afternoon session was called to order at 1:20 p.m. by President Gregory I. Snook, with the following members present: Vice President William J. Wivell and Commissioners James F. Kercheval, John C. Munson, and Doris J. Nipps. PROCLAMATION – ENERGY ASSISTANCE WEEK Commissioner Nipps presented a proclamation to Dave Jordan, Executive Director of the Community Action Council (CAC), and Rob Marcus, Deputy Director of the Maryland Energy Assistance Program, designating the week of February 20-26, 2005 as Energy Assistance Week and commended CAC for its commitment to provide assistance to low income families in Washington County with their heating bills. Mr. Jordan thanked the Commissioners for the proclamation and stated that it hopes this will raise awareness of the Energy Assistance Program for income-eligible residents. LEAD PAINT ABATEMENT PROGRAM Kathy Saxman, Director of Community Action Council’s Housing Program, appeared before the Commissioners to request authorization to participate in the Federal Lead Paint Abatement Program. The Maryland Department of Housing & Community Development (DHCD) would provide funding for a two-year period to perform lead hazard reduction activities to owner-occupied and rental properties in Maryland. Ms. Saxman stated that the program stipulates income limits, occupancy, and property eligibility requirements. The Washington County CAC would serve as the local administrator for the program and would approve grants on behalf of DHCD. The meeting was then opened for questions and discussion. Motion made by Commissioner Munson, seconded by Nipps, to approve participation in the Federal Lead Paint Abatement Program upon receipt of a grant agreement from the Maryland Department of Housing and Community Development and to authorize the Washington County Community Action Council, as sub- recipient, to serve as the local administrator of the program. Unanimously approved. CONTRACT AWARD – TEEN PREGNANCY PREVENTION NEEDS ASSESSMENT Motion made by Commissioner Nipps, seconded by Kercheval, to award the contract for the Teen Pregnancy Needs Assessment in Washington County to Shattuck & Associates, Inc. for $50,000, as funded through the Governor’s Office for Children, Youth and Families and the Governor’s Council on Adolescent Pregnancy. Unanimously approved. EARLY INTERVENTION PROJECTS FUND – FY 2005 Stephanie Stone, Director of the Washington County Community Partnership for Children and Families (WCCP), informed the Commissioners that they recently reviewed concept applications for the award of Early Intervention Projects for a short-term project or short services, which meet a “gap” or short-term need locally. Ms. Stone stated that $3,765 is available for projects that meet the program guidelines. She stated that the Review Panel recommended that funds be awarded to the Washington County Early Intervention Program for the project entitled “Closing Gaps in Speech-Language and Occupational Therapy Services for Infants and Toddlers in Washington County.” Motion made by Commissioner Nipps, seconded by Kercheval, to approve the recommendation to award $3,765 in Early Intervention Projects Funds to the Washington County Early Intervention Program for “Closing Gaps in Speech-Language and Occupational Therapy Services for Infants and Toddlers in Washington County.” Unanimously approved. FEBRUARY 22, 2005 PAGE FOUR PROPOSAL – FORMATION OF A WASHINGTON COUNTY COUNCIL OF GOVERNMENTS Donna Brightman, Chairperson of the Boonsboro High School Citizens’ Advisory Committee (CAC), and Karen Reilly, member of the CAC, met with the Board to request their support for the formation of a Washington County Council of Governments. Ms. Brightman stated that, despite the best efforts of public officials, communication and coordination on growth issues continue to be a problem. She indicated that a study of how neighboring jurisdictions approached this matter resulted in the concept for a Council of Governments to share information and plan for growth on a regional level. Ms. Brightman stated that they have signed resolutions from Smithsburg and Keedysville and have presented the concept to other municipalities. The meeting was then opened for questions and comments. The Commissioners provided some suggestions on revisions to the resolution presented. Commissioner Kercheval stated that some of the information provided in the presentation is an unfair representation of the measures the Commissioners have taken to manage growth in the County. He then outlined the steps that have been taken to date. The Commissioners explained some of the difficulties involved in creating a COG and also agreed that the State should have representatives on the COG as well. They stated that there are benefits to such an organization and agreed to take this recommendation under consideration. ADJUSTMENT TO BOARD OF EDUCATION’S CAPITAL IMPROVEMENT BUDGET AND SECOND QUARTER ADJUSTMENTS TO FY 2005 GENERAL FUND BUDGET Chris South, Director of Budget & Finance for the Board of Education, requested approval of an adjustment to the Board of Education’s CIP budget. Mr. South explained that the transfer is needed to cover a shortfall in the budget for the replacement of the Northern Middle School roof. He stated that the bids for the project came in substantially over budget. The Board of Education approved the change at its February 1, 2005 meeting. Mr. South reviewed the second quarter budget adjustments. The Commissioners requested additional information regarding substitute teachers. Motion made by Commissioner Munson, seconded by Nipps, to approve the transfer of $253,260 from Maintenance Projects to Systemic Projects (Northern Middle School roof) in the Board of Education’s Capital Improvement Program budget due to a shortfall in the budget for the replacement of the roof; and to approve the following second quarter budget adjustments, as requested by the Board of Education, by decreasing the following categories: Instructional Salaries - $235,815; Special Education - $57,910; Maintenance of Plant - $40,035; Other Instructional Costs - $225; and Fixed Charges - $47,400; and increasing the following categories: Revenue - $45,075; Administration - $48,510; Mid-level Administration - $32,045; Instructional Textbooks & Supplies - $9,595; Student Personnel Services - $20,615; Student Health Services - $105; Student Transportation Services - $5,705; and Operation of Plant - $309,885, for a total adjustment to the Fund Balance of $0. Unanimously approved. POSITION OF AGRICULTURAL MARKETING SPECIALIST Priscilla Harsh, representing the Washington County Farm Bureau, requested that the Commissioners consider the creation of an Agricultural Marketing Specialist position. Ms. Harsh introduced Jeff Semler, David & Betsy Herbst, Kim Caruso, and Tom Riford, who were also in attendance to support the recommendation. She stated that this position would promote agriculture, agriculture-related fields and products to other counties in Maryland and surrounding states. Ms. Harsh suggested that the name be changed to Agricultural Economic Specialist. She asked that the County form a committee to investigate the creation of this position. Kim Caruso, representing the Alpaca farmers in the area, spoke in support of the recommendation. Tom Riford, Executive Director of the Convention & Visitors Bureau, also expressed his support for creation of the position. The Commissioners thanked Ms. Harsh for the presentation and agreed to take the information under consideration. FEBRUARY 22, 2005 PAGE FIVE ADOPTION OF HIGHWAY ADEQUACY POLICY Gary Rohrer, Director of Public Works, and Terry McGee, Chief Engineer, appeared before the Commissioners to present the final draft of the Highway Adequacy Policy. The policy addresses road width that sets the minimum requirements to be consistent with AASHTO standards while providing appropriate exemptions. Mr. Rohrer reviewed the policy and provided some additional revisions made to draft (Draft #2-c). He explained that Section V, Exemptions, has been revised to clarify the intent of the document. Mr. Rohrer informed the Commissioners that the pavement conditions section has been removed from the draft with the expectation that there would be future discussions with the stakeholders. He stated that he would be back before the Commissioners with a recommendation on language within 90 days. A minimum pavement width of 18 feet is established. The Commissioners discussed the policy and revisions and asked questions of the staff regarding the proposed changes. Motion made by Commissioner Wivell, seconded by Munson, to adopt the revisions to the Highway Adequacy Policy as presented by staff. Unanimously approved. REVIEW OF HOUSE BILL 1272 – WASHINGTON COUNTY GROWTH MANAGEMENT ACT OF 2005 (EXCISE TAX) Commissioner Kercheval reviewed the draft of House Bill 1272 – Washington County Growth Management Act of 2005 and proposed revisions. He stated that the County Delegation has requested that the Commissioners review and comment on the bill as submitted. The legislation authorizes the County Commissioners to collect a building excise tax on building construction within Washington County. The Commissioners agreed to send two versions to the Delegation for their consideration. The first version would request the maximum flexibility in choosing capital projects for which the revenues may be spent under Subsection (c)(3) and allow the municipalities to keep 28% of the revenue they collected for capital projects. The second version gave a detailed breakdown on the specific uses for the revenues collected. This version would allocate 70% of the funding for schools, 23% for roads, two percent for libraries and the remaining five percent for parks and recreational facilities, public safety, and agricultural land preservations. The municipalities would be allowed to keep the roads portion they collected as well as the 5% for various capital uses. Other changes in both versions, included: deleting the words “new construction or development of” from subsection (iv)(2); lowering the encumbrance for agricultural land preservation to $800,000 and eliminating the words “Federal, State, or” since the County has no control over these funds; clarifying the definition of workforce housing; and replacing subsection (h)(2) with new language to rename and refine the mission of the School Construction Design Review Committee. CONVENE IN CLOSED SESSION Motion made by Commissioner Munson, seconded by Nipps, to convene in closed session at 4:04 p.m. to discuss a personnel matter, consult with counsel to obtain legal advice, consider matters that concern proposals for businesses or industrial organizations to locate, expand, or remain in the State, and to consider the acquisition of real property for a public purpose and matters directly related thereto, in accordance with Section 10-508 of the State Government Article of the Annotated Code of Maryland. Unanimously approved. RECONVENE IN OPEN SESSION Motion made by Commissioner Kercheval, seconded by Munson, to reconvene in open session at 5:08 p.m. Unanimously approved. In closed session, the Commissioners discussed one (1) personnel matter, consulted with counsel to obtain legal advice concerning one (1) matter, considered matters that concerned proposals for businesses or industrial organizations to locate, expand, or remain in the State, and considered the acquisition of real property for a public purpose and matters directly related thereto. Present during closed session were Commissioners Gregory I. Snook, William J. Wivell, James F. Kercheval, John C. Munson, and Doris J. Nipps. Also present at various times were FEBRUARY 22, 2005 PAGE SIX Rodney M. Shoop, County Administrator; John Martirano, Deputy County Attorney; Joni Bittner, County Clerk; Gary Rohrer, Director of Public Works; Terry McGee, Chief Engineer; Rob Slocum, Deputy Chief Engineer; Carolyn Motz, Airport Manager; Greg Larsen, Business Development Manager for the Hagerstown Regional Airport; Jim Sterling, Director of Buildings, Grounds and Parks; and Greg Murray, Director of the Water Quality Department. RE/APPOINTMENT – AGRICULTURAL EDUCATION CENTER BOARD Motion made by Commissioner Munson, seconded by Wivell, to waive the two-term policy limit and reappoint John Shank for a three- year term to the Board of Directors of the Agricultural Education Center and to appoint Herm Mellott for a three-year term. Unanimously approved. RECESS The Commissioners recessed at 5:08 p.m. EVENING SESSION – TOWN OF SMITHSBURG The evening session was called to order at 7:00 p.m. at the Sharpsburg Town Hall by President Gregory I. Snook, with the following Commissioners present: Vice President William J. Wivell and Commissioners James F. Kercheval and Doris J. Nipps. Also present were Mildred “Mickey” Myers, Mayor of Smithsburg, and Town Council members Jerome Martin, Ralph Regan, and Shirley Aurand. Tax Setoff – Smithsburg Commissioner Snook stated that, pursuant to Section 6-306 of the Tax-Property Article of the Annotated Code of Maryland, the Commissioners are required to meet with each municipality annually to discuss the tax setoff program. Commissioner Snook stated that, for fiscal year 2005, the Town of Smithsburg is estimated to receive $59,572. He also reviewed the summary and formula for highways, police, and parks. Commissioner Snook informed the town officials that their employees are welcome to participate in any of the safety training sessions sponsored by the County. He stated that the Town might also want to piggyback onto the County’s overlay contract. Commissioner Snook briefly discussed State Program Open Space (POS) funding. The Commissioners then discussed items of interest to the town officials and citizens in the area, including the construction of the new branch library. Gary Rohrer, Director of Public Works, and Mary Baykan, Director of the Washington County Free Library, were in attendance to answer any questions. Mr. Rohrer provided an update on the project. He explained that, due to an injury sustained by the architect, the project is several weeks behind schedule. He stated that revisions have now been made to the plans and that he would be meeting with the Building Committee to review them in the near future. Mr. Rohrer estimated that bids would be opened on April 29 with a notice to proceed in mid-May. The group also discussed a possible cost overrun and how to provide the additional funding needed. Commissioner Kercheval indicated that, if the excise tax legislation is approved, two percent is designated for libraries, which might help fill the gap in funding. Commissioner Snook stated that they would need to meet with the Town to resolve the issues regarding the library’s operating costs. Mayor Myers stated that the two-acre site for the library was purchased with POS funds and may have to be subdivided from the park and deeded back to the County. Commissioners Snook and Kercheval reviewed the revisions made to the draft excise tax legislation. Commissioner Kercheval indicated that he would e-mail the changes to the County Delegation tomorrow for their consideration. ADJOURNMENT Motion made by Commissioner Wivell, seconded by Nipps, to adjourn at 8:05 p.m. Unanimously approved. FEBRUARY 22, 2005 PAGE SEVEN , County Administrator , County Attorney ___________________________, County Clerk